State v. Equitable Surety Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $5,947.61 upon defendant’s bond as surety for J. A. McDevitt, the assignee of a state permit to cut state timber. The facts are stated in the opinion. Plaintiff’s motion was granted to strike from the answer the general denial contained therein, as sham and frivolous, and for judgment on the pleadings for the sum of $5,888.62. Defendant’s motion for permission to file an amended answer was denied.
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Action in the district court for Ramsey county to recover $5,947.61 upon defendant’s bond as surety for J. A. McDevitt, the assignee of a state permit to cut state timber. The facts are stated in the opinion. Plaintiff’s motion was granted to strike from the answer the general denial contained therein, as sham and frivolous, and for judgment on the pleadings for the sum of $5,888.62. Defendant’s motion for permission to file an amended answer was denied. From the order striking out the general denial in the answer and ordering judgment against defendant on the pleadings, and from an order…
1Opinion of the CourtHallam, J.
1. Chapter 204, p. 258, Laws 1905 (G. S. 1913, §§ 5258-5302), provides for the sale of timber on state lands. It provides, that in ease of sale, a permit shall be issued, executed by the state auditor and signed by the purchaser, authorizing the purchaser to enter and cut and remove the timber (section 5276); that all timber cut shall be scaled by the surveyor general of logs and lumber (section 5283), and that payment shall be made on his scale (section 5294). It is provided, however, that the state auditor may question the correctness of any scale made by the surveyor general and cause a…
2Cases cited19 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Stevens v. Minneapolis Fire Department Relief Ass'nSupreme Court of Minnesota · 1914
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
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3Cited by2 opinions
- Sanitary Farm Dairies, Inc. v. GammelCourt of Appeals for the Eighth Circuit · 1952
- Aetna Casualty & Surety Co. v. Equitable Surety Co.Supreme Court of Minnesota · 1920